What action must a Boulder Designs franchisee take if they become aware of an infringement of the Marks?

Based on the 2025 Franchise Disclosure Document, the document does not explicitly state the actions a Boulder Designs franchisee must take if they become aware of an infringement of the Marks. However, the FDD does state that if a franchisee suspects or knows of a security breach, the franchisee must immediately give notice of such security breach and promptly identify and remediate the source of any compromise of security breach at their expense. The franchisee also assumes all responsibility for providing all notices of breach or compromise and all duties to monitor credit histories and transactions concerning customers of the Boulder Designs franchise, unless otherwise directed by the Franchisor.

While the FDD does not directly address trademark infringement, it emphasizes the franchisee's responsibility to protect the information system and customer data. This suggests that Boulder Designs places a high value on safeguarding its brand and customer information. A prospective franchisee should clarify with Boulder Designs the specific steps to take if they suspect someone is infringing on the company's trademarks.

It would be prudent for a potential Boulder Designs franchisee to discuss with the franchisor what specific actions they should take if they observe a potential infringement of the Boulder Designs trademarks. This discussion should clarify the reporting process, the franchisee's responsibilities, and the franchisor's role in addressing such infringements. Understanding these procedures is crucial for protecting the brand and maintaining the integrity of the Boulder Designs system.